Cash v. Caldwell

Evelyn R. and Richard Cash appeal from a summary judgment in favor of the defendant, Mary C. Caldwell, in a case brought against her as the driver of an automobile. The question is whether the plaintiffs were "guests" or were "passengers" within the meaning of the Alabama Guest Statute, § 32-1-2, Code of Alabama 1975. The trial court entered the summary judgment in favor of the defendant, holding that the plaintiffs were guests as a matter of law. We reverse and remand.

In April 1988, Evelyn and Richard Cash left their home in California for a trip of several weeks across the country in their…